- 3 - incorporated petitioner as a New York professional corporation.3 Since petitioner’s incorporation, Ms. Felton has been its sole shareholder, holding 100 percent of the corporation’s shares. At all relevant times, the sole activity engaged in by petitioner was the rendering of legal services. Since 1989, Ms. Felton has been petitioner’s sole practitioner providing those services. Petitioner employs a minimal secretarial and/or clerical staff. Since 1987, petitioner’s certified public accountant, Raymond Saylor (Mr. Saylor), has prepared petitioner’s corporate income tax returns. For the years in issue, Mr. Saylor calculated petitioner’s tax based on the graduated tax rate for corporations under section 11(b)(1).4 In addition, Mr. Saylor prepared a Form 7004, Application for Automatic Extension of Time to File Corporation Income Tax Return (extension request), for petitioner’s calendar year 2002 income tax return and delivered 3 Attorneys are not permitted to incorporate as traditional corporations under New York State law. See N.Y. Jud. Law sec. 495(1) (McKinney 2006); see also In re Co-operative Law Co., 92 N.E. 15 (N.Y. 1910). Rather, to incorporate a law firm, the professional corporation provisions must be followed. See N.Y. Bus. Corp. Law sec. 1503 (McKinney 2006). 4 Sec. 11(b)(1) imposes a tax on the taxable income of every corporation as follows: (A) 15 percent of so much of the taxable income as does not exceed $50,000, (B) 25 percent of so much of the taxable income as exceeds $50,000 but does not exceed $75,000, (C) 34 percent of so much of the taxable income as exceeds $75,000 but does not exceed $10,000,000, and (D) 35 percent of so much of the taxable income as exceeds $10,000,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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